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Terms and Conditions

PAYMENT METHODS

DEBIT AND CREDIT CARDS

We accept most major debit and credit cards for payments up to £5000 (incl. vat), provided that the card and delivery address are the same, and that your payment has been authorised through 3D Secure – this is the “Verified by Visa” or “MasterCard Secure Code” process. If you wish us to deliver to an address that is not the card address, then our payment limit is £2000 (incl. vat). In either case, we reserve a discretionary right to ask for additional proof of identification. Sorry if this seems a little unfriendly, but we are obliged to follow on-line fraud protection advice.

BANK TRANSFER

We can accept payment by BACS, CHAPS, IBAN or SWIFT. Our bank details are on our invoice, and can be sent separately to you upon request. This is the best method for paying larger amounts.

ACCOUNTS

We would be pleased to receive 30 day credit account applications from commercial bodies. Please contact us on 020 8995 4664 or enquiries@prokit.co.uk for an application form.

VAT

Within the UK: VAT is added to your order at the standard UK rate.

We deliver worldwide….

Within the EU, but excluding the UK: EU customers entering a valid EU VAT Number in the ordering process will not pay VAT. EU customers not registered for VAT will be charged at the standard UK rate.

Outside the EU: Please contact the team on 020 8995 4664 or enquiries@prokit.co.uk. If Prokit arranges worldwide shipping then VAT is not charged.

f you purchase from us in person and collect from our showroom then we are obliged by HMRC to collect VAT from you. The process for reclaiming the VAT involves us issuing a C88 VAT Reclaim Form. As well as details of the goods and value, we need to record your overseas address and port of exit (usually a flight number and date). In signing this form you are declaring that are permanently exporting the goods from the EU. As you pass out through UK Customs the form is stamped. Just return a stamped copy by post to us and we are then authorised to refund the VAT to you.

Terms And Conditions Of Sale

This agreement applies as between you, the User of this Web Site and Prokit the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account" means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

"Carrier" means any third party responsible for transporting purchased Goods from our Premises to customers;

"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

"Goods" means any products that Prokit advertises and / or makes available for sale through this Web Site;

"Prokit" Means Prokit Europe Ltd.

"Service" means collectively any online facilities, tools, services or information that Prokit makes available through the Web Site either now or in the future;

"Payment Information" means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Purchase Information" Means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

"Premises" Means our place(s) of business located at Unit 4, 111 Power Road , London W4 5PY;

"System" means any online communications infrastructure that Prokit makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users" means any third party that accesses the Web Site and is not employed by Prokit and acting in the course of their employment; and

"Web Site" means the website that you are currently using (www. Prokit.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business.

3.1 International Customers

If Goods are being ordered from outside Prokit's country of residence, import duties and taxes may be incurred once your Goods reach their destination. Prokit is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Prokit cannot guarantee that the packaging of your Goods will be free of signs of tampering.

4. Intellectual Property

Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Prokit, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Prokit

5. Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Prokit or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.Prokit.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Prokit. To find out more please contact us by email enquiries@prokit.co.uk.

9. Use of Communications Facilities

9.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

You must not use obscene or vulgar language;
You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content thabusive, threatening, harassing, defamatory, ageist, sexist or racist You must not submit Content that is intended to promote or incite violence;
It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
The means by which you identify yourself must not violate these terms of use or any applicable laws;
You must not impersonate other people, particularly employees and representatives of Prokit or our affiliates;
and You must not use our System for unauthorised mass-communication such as "spam" or "junk mail

9.2 You acknowledge that Prokit reserves the right to monitor any and all communications made to us or using our System.

10. Goods, Pricing and Availability

10.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Prokit correspond to the actual Goods, Prokit is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.

10.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

10.3 Prokit does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.

10.4 All pricing information on the Web Site is correct at the time of going online. Prokit reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

10.5 In the event that prices are changed during the period between an order being placed for Goods and Prokit processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

10.6 All prices on the Web Site do not include VAT. Prokit's VAT number is GB49172 09 32.

11. Delivery

11.1 Prokit will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

11.2 If Prokit receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

12. Returns Policy

12.1 Prokit aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

12.2 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. Prokit is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.

12.3 If any Goods you have purchased have faults when they are delivered to you, you should contact Prokit within 7 days to arrange collection and return. Prokit is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

12.4 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

12.5 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Prokit within 10 days and arrange collection and return. Prokit is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

12.6 You have a statutory right to a "cooling off" period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods within this period, please contact Prokit in writing to arrange a return. We will confirm your request, and advise you how to proceed. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Prokit. You are responsible for paying shipment costs if Goods are returned for this reason, as well as a restocking fee of up to 25% for any charges incurred by Prokit in supplying you with the goods that are returned. There are a number of items we are unable to refund. These include, but are not limited to, cameras, camcorders, consumables, professional media (memory cards and tapes), and special order items.

12.7 If you wish to return Goods to Prokit for any of the above reasons, please contact us using the details on www.Prokit.co.uk to make the appropriate arrangements.

12.7.1 Prokit reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

12.7.2 Any use or enjoyment that you may have already had out of the Goods;

12.7.3 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

12.7.4 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

12.7.5 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

12.7.6 Such discretion to be exercised only within the confines of the law.

13. Privacy Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above. 14. Disclaimers

Prokit makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

Changes to the Service and these Terms and Conditions

Prokit reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Prokit is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

Availability of the Web Site

The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Prokit accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

To the maximum extent permitted by law, Prokit accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Nothing in these Terms and Conditions excludes or restricts Prokit's liability for death or personal injury resulting from any negligence or fraud on the part of Prokit.

Nothing in these Terms and Conditions excludes or restricts Prokit's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to enquiries@prokit.co.uk Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Law and Jurisdiction

These terms and conditions and the relationship between you and Prokit shall be governed by and construed in accordance with the Law of England and Wales and Prokit and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

TERMS AND CONDITIONS OF EQUIPMENT HIRE

HIRE TERMS AND CONDITIONS

We are Prokit Europe Ltd. t/a Prokit, Unit 4, 111 Power Road, London W4 5PY. If we agree to hire any video or audio goods or components to you ("the Equipment") will be subject to the following terms and conditions.

1. General

1.1 If you are hiring on behalf of a business or organisation you confirm that you have the necessary authority to enter into this contract on behalf of that business or organisation, and that you will indemnify us against all losses and expense which may be incurred if this is not the case.

1.2 We reserve the right to declaim some or all of you order for any reason.

2. Contract

2.1 You may place your hire order with us by email, phone, fax, mail or in person.

2.2 We will provide you with an order quote confirming availability (or otherwise) of the Equipment and stating total costs including delivery and other applicable charges. We will also produce you with a set of these terms and conditions.

2.3 The contract between us will be formed when you advise us that you accept the order quote.

3. Hire Charges

3.1 Our hire charges and all other applicable charges will be as shown in the order quote. The order quote will also show the date the charges will start from and the period of the hire.

3.2 You should return all equipment to us no later than 12 noon on the date shown on the contract and all equipment should be clean and in good working condition.

3.3 You agree to reimburse us for all costs in connection with cleaning, repairing and replacing Equipment not returned in clean and good working condition and will be liable for charges at the daily rate shown in the order quote for the period of such repair or replacement.

3.4 We reserve the right to impose additional charges at the daily rate for the period in which any item of Equipment is not available for use by our other customers because of your breach of these terms and conditions.

3.5 Where cables are returned to us not properly coiled and taped and/or with rigging tape still attached and additional charge of £1 + VAT per cable will be charged.

3.6 Where we have taken a deposit we may retain the whole or part of this in order to set against any liability you have to us in relation to the hire of the Equipment.

4. Payment

4.1 At our discretion we may ask for payment in full prior to delivery, payment within 30 days of delivery, or we may ask for a deposit prior to delivery with the balance within 30 days. The precise structure of payment will be specified in the order quote.

4.2 We accept payment by cash, credit card, cheque or BACS transfer.

4.3 Where any payment is not made by the date specified in the order quote we shall be entitled to charge interest on the outstanding amount at the rate of 8% per annum above the base rate of the National Westminster Bank plc, accruing daily, until payment.

5. Delivery

5.1 We only deliver to customers in the United Kingdom, and all goods must be signed for by an adult aged 18 or over.

5.2 Equipment will be delivered in good working order. Unless notice is received to the contrary as soon as reasonably practicable and in any event no later than within 24 hours of delivery, Equipment will be deemed to be in good working order, except for defects not detectable by reasonable examination.

5.3 Our estimated time for delivery will be stated in the order quote. We hope to deliver these estimates but occasionally delays will occur despite our best efforts. We will not be liable for any delay or failure to deliver within such estimated time scales.

6. Risk

6.1 The risk in the Equipment will pass to you upon delivery, or where you choose to uplift the Equipment directly, at the moment of uplift.

6.2 When uplifting the Equipment directly from us you should ensure that you have suitable transport as we reserve the right to refuse removal of Equipment where appropriate arrangements for safe and lawful transport of the Equipment has not been made. If the start of the hire is delayed for this reason we reserve the right to charge at the daily rate shown in the order quote during the period of the delay.

7. Cancellation

7.1 You will not be entitled to cancel the contract once the Equipment has been uplifted or delivered, unless we agree to such cancellation.

7.2 Hires cancelled within 24 hours of the arranged collection / delivery time will be liable to a 25% charge of the total hire fee. Minimum charge £30 + vat.

8. Your responsibilities

8.1 You will make all reasonable efforts to ensure that the Equipment is not damaged or misused during the period of the hire. This includes ensuring that the Equipment can safely be used with any other equipment which you use.

8.2 You will make all reasonable efforts to ensure that any person operating or using the Equipment during the period of the hire instructed in the safe and proper operation of the Equipment.

8.3 You shall not sell or attempt to sell or otherwise dispose of the equipment.

8.4 You shall reimburse us for all costs in connection with repairing or replacing Equipment not returned in good conditions, pay us the full retail cost of any Equipment which is lost or stolen or damaged beyond economic repair, and insure the Equipment against such liability.

8.5 You agree to pay the full daily rate for all items of Equipment which require to be replaced or repaired until such repair or replacement has been completed.

8.6 This Clause 8 shall not affect your statutory rights or seek to exclude liability which cannot be excluded under the Unfair Contract Terms Act 1977.

9 Maintenance

9.1 You agree to properly maintain the Equipment during the period of the hire and to notify us as soon as reasonably practicable if there is a problem with the operation of any item of Equipment.

9.2 Any damaged or faulty item of Equipment should be returned, at your expense (subject to Clause 9.3) to us. In no circumstances should you proceed to repair any item of Equipment without our prior approval.

9.3 Where the problem with the Equipment is caused by a fault not discoverable by reasonable examination in terms of clause 5.2 above, we will reimburse you for reasonable transportation costs and for hire charges during the period when the Equipment could not be used due to this fault. However, our obligation under this clause does not cover faults caused by misuse wear and tear, accident and neglect.

9.4 You shall not alter or modify the Equipment or use it for purposes for which it was not designed.

9.5 You agree that we have the right of access to the Equipment in order to inspect, repair or replace it and you authorise us to enter any property where the Equipment is located or where we reasonably believe it to be located, to carry out such inspection, repair or replacement.

10 Liability and Indemnity

10.1 To the fullest extent permissible under the law of England and Wales, we will not be liable for any looses you incur arising out of or in connection with the hire of the Equipment.

10.2 Notwithstanding the terms of clause 7.1 in the event that we are held liable for losses which you have incurred arising out of or in connection with the hire of the Equipment, our liability to you shall be limited to a sum equal to the amount paid by you for the Equipment hired.

10.3 You agree to indemnify us at all times in respect of all claims by any person in relation to any injury, loss, claim or expense arising out of or in connection with the use of the Equipment.

11 Termination of Hire

11.1 We shall be entitled to terminate the contract immediately and to repossess the Equipment at any time where you are in breach of these terms and conditions, or you take any steps, or id any process or action is started which, in our reasonable opinion suggests that your solvency is in doubt.

11.2 Where the provisions of clause 11.1 apply, you authorise us to enter any property where we reasonably believe Equipment to be, in order to repossess such Equipment.

12 Excess

12.1 The Hirer is responsible for the first £500 (five hundred pounds) of any damage.

Competitive Prices

Competitive Prices

Prokit will always price competitively and offer a price match service.

Fast Delivery

Fast Delivery

Order by 3pm for next-day delivery on available stock.

London Showroom

London Showroom

The UK's largest production equipment showroom. We often hold seminars, workshops and open days.

Since 1989

Since 1989

Prokit have been offering expert advice since 1989. We are an accredited partner or appointed distributor for all the brands we represent.

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